Peoples Pension Scheme Cas 110622 G2Q2 0 · CAS-110622-G2Q2

CAS-110622-G2Q2

Ombudsman’s Determination Applicant Mr R

Scheme The People’s Pension Scheme (the Scheme)

Respondent Vulcan Aluminium Limited (the Employer)

Outcome Mr R’s complaint is upheld and, to put matters right, the Employer shall pay £3,566.40 into the Scheme. The Employer shall ensure that Mr R is not financially disadvantaged by its maladministration. So, it shall arrange for any investment loss to be calculated and paid into the Scheme.

Complaint summary

Background information, including submissions from the parties

In June 2006, Mr R began his employment with the Employer.

Between August 2022 and July 2024, the Employer failed to pay pension contributions into the Scheme.

On 15 October 2022, Mr R complained to the Employer about the missing pension contributions.

On 19 October 2022, the Employer responded and explained it would be in a position to bring all staff pension contributions up to date by the following week. The Employer failed to make the outstanding payments into the Scheme.

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Vulcan Aluminium Limited CAS-110622-G2Q2 On 8 August 2023, Mr R brought his complaint to The Pensions Ombudsman (TPO).

Mr R provided copies of the payslips that he held for the period from August 2022 to July 2024, which detailed the pension contributions deducted from his pay and the corresponding employer contributions. These deductions amounted to £3,566.40. A breakdown of the deductions has been included in the Appendix.

Adjudicator’s Opinion

• The Adjudicator stated that TPO’s normal approach, in cases such as these, was to seek agreement from all parties on the facts of the complaint, including the dates and amounts of contributions involved. She said that, as the Employer had not responded to any of TPO’s communications, she had to base her Opinion solely on the information provided by Mr R.

• The Adjudicator said that she had no reason to doubt the information provided by Mr R. So, in the Adjudicator’s Opinion, on the balance of probabilities, contributions had been deducted from Mr R’s salary but had not been paid into the Scheme. In addition, the Employer had not paid any of the employer contributions that were due over the same period. As a result of its maladministration, Mr R was not in the financial position he ought to be in.

• In the Adjudicator’s view, Mr R had suffered serious distress and inconvenience due to the Employer’s maladministration. The Adjudicator was of the opinion that an award of £1,000 for non-financial injustice was appropriate in the circumstances.

Ombudsman’s decision

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Directions

(i) pay Mr R £1,000 for the serious distress and inconvenience he has experienced;

(ii) pay £3,566,40 into Mr R’s Scheme account. This figure represents the amount that, according to the figures provided by Mr R, have been deducted from his pay, but not paid into the Scheme account. It also includes the employer contributions for the relevant period which should have also been paid but have not been paid to date;

(iii) establish with the Scheme administrator whether the late payment of contributions has meant that fewer units were purchased in Mr R’s Scheme account than he would have otherwise secured, had the contributions been paid on time; and

(iv) pay any reasonable administration fee should the Scheme administrator charge a fee for carrying out the above calculation.

Within 14 days of receiving confirmation from the Scheme administrator of any shortfall in Mr R’s units, pay the cost of purchasing any additional units required to make up the shortfall.

Anthony Arter CBE

Deputy Pensions Ombudsman

23 August 2024

3 CAS-110622-G2Q2 Appendix Date Employee contributions Employer contributions

August 2022 £76.70 £71.90

September 2022 £76.70 £71.90

October 2022 £76.70 £71.90

November 2022 £76.70 £71.90

December 2022 £76.70 £71.90

January 2023 £76.70 £71.90

February 2023 £76.70 £71.90

March 2023 £76.70 £71.90

April 2023 £76.70 £71.90

May 2023 £76.70 £71.90

June 2023 £76.70 £71.90

July 2023 £76.70 £71.90

August 2023 £76.70 £71.90

September 2023 £76.70 £71.90

October 2023 £76.70 £71.90

November 2023 £76.70 £71.90

December 2023 £76.70 £71.90

January 2024 £76.70 £71.90

February 2024 £76.70 £71.90

March 2024 £76.70 £71.90

April 2024 £76.70 £71.90

May 2024 £76.70 £71.90

June 2024 £76.70 £71.90

July 2024 £76.70 £71.90

4 CAS-110622-G2Q2 Total amount: £1,840.80 £1,725.60 £3,566.40

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